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I am appointed Conservator by my mother in all her legal documents, so how can my evil sister go to court and oppose me? She wants to be Conservator, but Mother always wanted me. How can court just ignore that? Thanks Barbara
"I am appointed Conservator by my mother in all her legal documents,..."
That is wrong. Your mother can NOT appoint her own conservator. Only a court can, and only when your mother can no longer manage her own affairs and make her own decisions.
Your mother can appoint you to be her something else, but not conservator. Check the documents and be clear of what your roles are.
You need to read the documents you're referring to. Wills identify a person as the executor of an estate, trusts establish the trustee(s) of a trust, and a durable power of attorney can be granted specific powers as defined by the giver who has the full mental faculties to do so, but none of those documents can identify the conservator of a conservatee who has lost their ability to manage their own affairs. That situation requires a court appointed conservator along with court supervision of the conservatorship. If your sister goes to court to request a conservator be appointed for your mother, it's up to the court to determine who should be appointed as such, and depending on the laws of your state, usually (if not always) cannot be a beneficiary of the conservatee.
All of that general answer can be found on the internet, but you need to hire an attorney to properly identify the actions you may need to take to best serve your mother's best interests in whatever court your sister will be presenting her requests.
That doesn't mean that the court can just refuse your sister a hearing, either. Do you have any reason to worry that her challenge to your conservatorship might be successful?
Guessing that your sister's application doesn't read: "I oppose my sister's conservatorship because I am evil and determined to trample all over my mother's fondest wishes"... what is the basis of her challenge?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
That is wrong. Your mother can NOT appoint her own conservator. Only a court can, and only when your mother can no longer manage her own affairs and make her own decisions.
Your mother can appoint you to be her something else, but not conservator. Check the documents and be clear of what your roles are.
All of that general answer can be found on the internet, but you need to hire an attorney to properly identify the actions you may need to take to best serve your mother's best interests in whatever court your sister will be presenting her requests.
That doesn't mean that the court can just refuse your sister a hearing, either. Do you have any reason to worry that her challenge to your conservatorship might be successful?
Guessing that your sister's application doesn't read: "I oppose my sister's conservatorship because I am evil and determined to trample all over my mother's fondest wishes"... what is the basis of her challenge?